asked the Minister for Justice if he will introduce legislation to provide free legal aid to married couples who desire legal separation in the High Court and whose economic circumstances preclude them from providing themselves with such aid.
Ceisteanna—Questions. Oral Answers. - Free Legal Aid.
34.
I have no proposals for the introduction in the near future of a scheme of legal aid in civil cases and I am not satisfied that I would be justified in singling out one particular type of civil proceeding in this context. I may say, in reference to the particular type of case mentioned in the question, namely the case of a married couple desiring legal separation, that in many cases there is no need for High Court proceedings as legal separation can be arranged by an agreed separation deed drawn up by a solicitor.
I have recently received, from an organisation concerned with family problems, representations about cases where only one of the parties desires legal separation, possibly as a result of continued serious ill-treatment, where all efforts of reconciliation have failed, and where the costs of High Court proceedings would be beyond the means of the person concerned. I have suggested that, as the matter is a very complex one with many facets, the best approach would be for the organisation concerned to make a submission to the Committee on Court Practice and Procedure, Four Courts, Dublin.
Would it be proper for the Minister to disclose the organisation who have made representations to him about this matter?
The Irish Society for the Prevention of Cruelty to Children.
This particular organisation feel that particular cases of extreme hardship have developed as a result of lack of access to legal aid. Would the Minister consider it worthy of a thorough examination?
The appropriate people to examine it in the first instance are the committee to which I have referred and I am sure the society will go to the committee.
Will the Minister try to ensure speedy consideration of it in view of the particular danger and the potential hardship to children in such cases where there is sometimes a danger of a conflict because one parent, who may be quite unsuitable, insists on securing retention of the children during quite a long period pending the separation arrangement?
As soon as I get a recommendation I will act on it as quickly as I can.
(Cavan): Would the Minister agree this is one field of litigation in which the person without means is at a decided disadvantage and is in fact prevented from exercising his rights? Would the Minister agree this is the type of case I mentioned casually yesterday where there can be a grave injustice and where if a person is poor he or she may not be able to exercise his or her legal rights?
I agree that can be the situation in some cases but in the cases referred to in Deputy Corish's question—and indeed in the majority of cases—both parties desire separation and in those instances it is not necessary to entail any expense in court, it is only necessary to go to a solicitor to have a deed drawn up.